If grantee decides to discontinue use of facilities within all or a portion of the streets and does not intend to use those facilities again in the future, the city may direct grantee to remove the facilities or may permit the facilities to be left in place as abandoned, which permission shall not be unreasonably withheld or delayed. If grantee is permitted to abandon its facilities in place, upon written consent of the city, the ownership of facilities in the city’s streets shall transfer to the city and grantee shall have no further obligation therefor. Notwithstanding grantee’s request that any such facility remain in place, the city may require grantee to remove the facility from the street area or modify the facility in order to protect the public health and safety or otherwise serve the public interest. The city may require grantee to perform a combination of modification and removal of the facility. Grantee shall complete such removal or modification in accordance with a reasonable schedule set by the city. Until such time as grantee removes or modifies the facility as directed by the city, or until the rights to and responsibility for the facility are accepted by another person having authority to construct and maintain such facility, grantee shall be responsible for all necessary repairs and relocations of the facility, as well as restoration of the street, in the same manner and degree as if the facility were in active use, and grantee shall retain all liability for such facility.
(Ord. 22-08, passed 4-12-22)